RAJ KUMAR TEKRIWAL Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application is under Section 482 of new Code of Criminal Procedure filed by the petitioner who is an accused in Chowk P.S. Case No 54 of 1993 under Section 407, I.P.C. as against the State of Bihar and the opposite party No. 2 who is the informant of this case for quashing the F.I.R. of the aforesaid case.

(2.) The fact in short giving rise to this criminal case is that the opposite nartv No 2 submitted a written report to the Chok P. S., Patna City, alleging therein that a consignment of 24 cartoons of Soaps and Agarbatties was handed over to M/s Azad Transport Agency on 3-2-1993 for delivery to M/s Fancy Stores, Saharasa. The value of the enire consignment was Rs. 21,836.44 but the consignment in question was not delivered at Saharsa and so a request was made to the petitioner who is a carrier either to deliver the consignment or to make payment of Rs. 21.836.44 the value of the consinment but that was not done and so a written report was submitted on 13-4-1993 and on that basis this case was instituted against this petitioner.

(3.) It has been alleged by the petitioner that admittedly the consignment was given to the petitioner-company who is a carrier and in fact the consignment in question could not be delivered at the station because of unforeseen circumstances beyond the control of the carrier as the consignment was loaded in a truck but the said truck was found missing alongwith the consignment and other articles. station diary entry No. 715 dated 20-1-1993 was made Chowk P. S. So the petitioner has no criminal intention or men tea to misappropriate the value of the consignment, rather the dispute more or ess was in nature. Moreover, the petitioner filed a petition for grant of Anticipatory bail before this Court and the entire value of the consignment worth Rs.21,836.44 was given to the opposite party No. 2 through his lawyer through Demand Draft and the matter was compromised outside the Court between the parties and the informant who is the opposite party No. 2 has already been adequately compensated for the loss of consignment and as such the criminal case instituted by the opposite paty No 2 is now more or less infructuous and will simply lead to the harassment of the petitioner and these amount to misuse of the processes of the court and thus prayed for quashing of the F.I.R.